07-21-1980 Planning Packet - Laserfiche WebLink

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Mayor rim. Brad Van Nest 10) July 8, 1980 Page 7 states that the easements are a subdivision of the land, and since the City is now leaning toward accepting the lower court's decision that the easements are valid, then this proves beyond a reasonable doubt that we are, in fact dealing with subdivided land. The square foot age of the easements must be calculated and deducted from the square feet of the remaining lot at 1410 Bohns Point Road to determine the actual size of the lot. Furthermore, the ease ments cannot be included in determining the set backs from the front and sides of the lot. In other words, Mr. Rhode must build ten feet from the easement boundary, not ten feet from the lot boundary. Most importantly, it is my con tention that Mr. Rhode should not be allowed to build at all because of the fact that it is a multiple-use lot, it is a substandard lot, and is virtually an out lot. The Council is ignoring the Code provision (Sec. 32.340) which states: "No variance shall be granted to which the use of the property is extended or changed beyond the use permitted in the Zoning Code." The property's intended use is single-family housing (one), whereas the lot is of use to two other families as a beach and dock area via granted easements. Mr. Swenson stated that the fact that there are two peoplw driving over a segment of my properTy in order to get to their garages proved tnat I have easements on my property andT therefore, that the easements on the Rhode property should hot be an issue. First, I did not create these roadway easeraents-- they were created by Mr. Lauer who, at one time, owned all the property. These easements allow Mr. Lauer to get to his garage by driving over the westerly segment of my property, and allows Mr. Campion to reach his garage which is west of my property. (Mr. Campion has since built another driveway directly from North Shore Drive into his 1 i j